Position Paper - Maguling
Position Paper - Maguling
Position Paper - Maguling
BRYAN E. MAGULING,
Respondent.
x-------------------------------------------------------------x
EFREN LALAS,
Complainant,
BRYAN E. MAGULING,
Respondent.
x-------------------------------------------------------------x
POSITION PAPER
(for the respondent)
PARTIES
1
perusal of this Honorable Office, we have attached hereto as Annexes “1
- 4” copies of their respective employment contracts;
ISSUES
ARGUMENTS/DISCUSSIONS
2
therein should be construed to refer to the
substantive evil that the Code itself has singled out:
agreements entered into precisely to circumvent
security of tenure. It should have no application to
instances where a fixed period of employment was
agreed upon knowingly and voluntarily by the
parties, without any force, duress or improper
pressure being brought to bear upon the employee
and absent any other circumstances vitiating his
consent, or where it satisfactorily appears that the
employer and employee dealt with each other on
more or less equal terms with no moral dominance
whatever being exercised by the former over the
latter. Unless thus limited in its purview, the law would
be made to apply to purposes other than those
explicitly stated by its framers; it thus become
pointless and arbitrary, unjust in its effects and apt to
lead to absurd and unintended consequences” (Brent
School Inc. vs. Zamora G.R. No. 48494, 5 February 1990,
181 SCRA 702) emphasis ours; and
4
“Allegations must be proven by sufficient
evidence – mere allegation is not evidence”;
12. Finally, as to the last issue, due to the filling of this baseless
complaint, herein respondent was compelled to engage the services of
the undersigned to protect his interest and agreed to pay attorney’s fees
in the amount of Fifty Thousand Pesos (PHP50,000.00). This is in
consonance with the Court’s ruling that:
PRAYER
Such other reliefs just and equitable under the premises are
likewise prayed for.
Makati City for Baguio City, this 16th day of July, 2014.
5
ATTY. CLINT MASIRAG FERNANDEZ
3F Gonzales Bldg, 1888 Orense St.,
Guadalupe Nuevo, Makati City
PTR No. 9427712 / 02-21-14
IBP No. 960907 / 01-27-14
Roll No. 58806 / 05-05-10
MCLE Compliance No. IV – 0009993
December 05, 2012
Alexander Bañez
Gerard Ham
Glennfrey Rebaula
Efren Lalas
6
CERTIFICATION and VERIFICATION
BRYAN E. MAGULING
-Affiant-
7
SUBSCRIBED AND SWORN to before me this ____________ 2014 at
_______________________, Philippines.
NOTARY PUBLIC